Wagstaff beats challenge to petitions, set for Democratic primary for Westchester DA

William O. Wagstaff III, the civil rights and municipal lawyer seeking the Democratic nomination for Westchester County district attorney, on Wednesday survived an attempt to have his nominating petitions invalidated for fraud.

Following a three-day bench trial in White Plains, State Supreme Court Justice Paul Marx ruled that Wagstaff had properly witnessed the signatures of four voters that were obtained at a Mount Vernon birthday party in March.

Marx said he would not discredit the testimony of Westchester voters who signed Wagstaff’s petitions, and subsequently testified under oath in court or submitted affidavits attesting that they signed under Wagstaff’s watchful eye.

“This court will not reject sworn testimony from voters,” said Marx.

Marx dismissed the allegations brought by former state Supreme Court Justice J. Emmett Murphy, whose daughter, Jennifer Oelkers, serves as the campaign manager for former Westchester County Court Judge Susan Cacace, of Bronxville, who is also seeking the nomination for DA.

Murphy's attorney, Jeffrey Gasbarro, said it's uncertain if Marx's decision would be appealed.

Murphy’s attorney earlier this week withdrew an additional challenge to Wagstaff’s residency in Mount Vernon.

Wagstaff: 'There is going to be a campaign'

Wagstaff said he looked forward to the campaign, with two months to go until the June 25 primary. “It’s not going to be a coronation,” he said. “There’s going to be a campaign.”

Also running is former Westchester prosecutor Adeel Mirza.

Murphy's case dealt primarily with Wagstaff's role as the witness for signatures on the nominating petitions. The trial showcased Wagstaff’s abilities in the courtroom. As a defense attorney for himself, Wagstaff hit his stride on the second day, popping up to object to questions posed by opposing attorneys, then questioning witnesses with his engaging style.

He also took the stand to defend his name, with his co-counsel, former state Sen. Martin Connor, drawing out what happened when Wagstaff obtained the signatures in question on a St. Patrick's Day afternoon at the Steam House on Gramatan Avenue in Mount Vernon.

“I was accused of fraud,” said Wagstaff. “I’ll do whatever I can to clear my name.”

Wagstaff's residency in Mount Vernon was also challenged

The trial got off to a good start for Wagstaff on Monday, when the issue of his residency came before the court. Murphy alleged that Wagstaff should be disqualified from the ballot because he no longer lived at an apartment at 777 N. MacQuesten Parkway in Mount Vernon.

Wagstaff, who was born and raised in Mount Vernon, has deep roots in the powerful Mount Vernon Democratic Committee. He has also done extensive legal work under contract with the city of Mount Vernon.

Connor argued that Wagstaff had established his residence in Mount Vernon, even though he currently lives in the village of Elmsford with his pregnant wife and her two children. Connor said that the growing Wagstaff family has a contract to purchase a home up the line in Somers, but have yet to close on it.

Proof of residence, said Connor, was Wagstaff’s Mount Vernon voter registration, his ownership of the apartment, the fact that his bank statement and insurance policies were linked to his Mount Vernon address.

“You can have more than one residence,’ said Connor. “And you can decide which one is your political home.”

Connor said that Wagstaff and his wife had spent a good deal of time at Wagstaff's MacQuesten Parkway pad during their courtship in the COVID pandemic.

“They’d get away from the kids and spend romantic weekends there,” Connor said. “What does it matter where he lives in Westchester? Elmsford was in Westchester last time I checked.”

Wagstaff's one-bedroom condominium, with 900 square feet of living space, has been on the market for 85 days, with its listing price pegged at $360,000. The sale is pending, according to the listing at ERA Insite Realty.

The focus was whether Wagstaff witnessed 4 signatures

The biggest issue to resolve was whether Wagstaff actually witnessed the signatures of four supporters at a fundraising birthday bash for Mount Vernon City Councilman Jaevon Boxhill on March 17 at the Steam House.

A slew of Mount Vernon Democrats showed up to Boxhill's’s event, and Wagstaff was there with a volunteer, Nicole Paige, carrying the petitions on a clipboard. They had a petition that Wagstaff had used earlier in the day, with his name as the witness. So he had to be present for any signatures gathered at the party.

A finding of fraud on a petition witnessed by a candidate can invalidate the entire petition, not just that one signature.

When Paige found potential signers, Wagstaff would come over to meet them and witness their signatures at the party.

“I shadowed her,” he said. “I knew only I could sign that sheet.”

Handwriting expert saw fraud, but judge disagrees

Murphy wasn't so sure.

He'd hired an investigator to visit homes of several of those who signed at the Steam House. Videotaped interviews raised questions as to whether Wagstaff actually oversaw the signatures.

Murphy then paid handwriting expert Andrew Sulner $6,000 to offer his opinion on the signatures, including those of Dr. Luis Blanco, and his wife, Paula.

Sulner said his analysis showed that the two Blanco signatures were strikingly similar, with the letters, L, A, and U written with the similar flair. He couldn’t say which Blanco signed, but he argued that one of them signed both names.

That would make Wagstaff’s attestation that he witnessed both signatures fraudulent, and potentially doom his candidacy.

“They were definitely signed by one and the same people,” Sulner said.

The Blancos, however, testified that they each signed the petition while Wagstaff looked on. Both said they recognized the other’s signature.

How do they know?

“We’ve been married 41 years,” said Luis Blanco.

The Blancos and Jonathan Maxwell of Mount Vernon testified in court that they signed the petitions, with all three saying that they were within 6 feet of Wagstaff when they signed. Murphy’s attorney, Jeffrey Gasparro, implored Justice Marx to consider their expert, who said that the Blanco signatures came from the same hand.

But Marx would have none of it.

“That flies in the face of what Ms. Paige, Mr. and Mrs. Blanco, and Mr. Wagstaff testified to,” said Marx. “You are asking me to discredit testimony. You are asking me to disregard Ms. Paige. That’s a bridge too far.”

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David McKay Wilson writes about tax issues and government accountability.Follow him on Twitter @davidmckay415 or email himat dwilson3@lohud.com.

This article originally appeared on Rockland/Westchester Journal News: Westchester DA primary: Wagstaff beats challenge to his petitions